Chapter 2A: Purposes of Criminal Law

Question 1

What does criminal law refer to?

Answer 1

Laws made by judges or parliament that aim to protect society from harm, and to punish those who offend against our basic values

Question 2

What is a crime?

Answer 2

An act or omission which violates an existing law and is punishable under criminal law

Question 3

Who is criminal law enforced by?

Answer 3

The police or state prosecution

Question 4

Who is the party bringing the case in criminal law?

Answer 4

The prosecution, either the police or Director of Public Prosecutions

Question 5

Who is the party defending the case in criminal law?

Answer 5

The accused

Question 6

What is the burden of proof and who carries this in criminal law?

Answer 6

The party responsible for proving the case in court, carried by the prosecution

Question 7

What is the outcome of a criminal law case?

Answer 7

A sanction, which is a punishment handed down by a court to a person found guilty of a crime, in order to punish the offender and protect society

Question 8

If the accused is found guilty in a criminal law case, what occurs?

Answer 8

The judge will impose a sentence in accordance with the severity of the crime

Question 9

What are the three purposes of criminal law?

Answer 9

Protection of society, deterrence of crime and to set standards of minimum behaviour

Question 10

What do minimum standards of behaviour define?

Answer 10

Minimum expectations of all individuals within society to adhere to and promote behaviour that does not negatively affect others

Question 11

How are minimum standards of behaviour upheld?

Answer 11

They are codified through laws and upheld by the punishment of offenders who transgress these behavioural expectations

Question 12

What does deterrence of crime refer to?

Answer 12

Discouraging people from engaging in crime by clearly defining punishment and enforcing consequences

Question 13

What is an example of a deterrence of crime?

Answer 13

Sanctions

Question 14

What does the protection of society refer to?

Answer 14

Protecting individuals from harm and assisting them to live peacefully within the community

Question 15

What is an example of a criminal law that protects society?

Answer 15

It is law in Victoria that motorists must drive at a maximum speed of 40km/h when travelling through school zones during designated times

Question 16

What is an example of a criminal law that deters crime?

Answer 16

Pursuant to the Sentencing Act 1991, any individual who causes the death of another person as a result of their own careless/culpable driving is liable for a term of up to 20 years imprisonment

Question 17

Without drink driving laws and speed limits, what would the effect be on society?

Answer 17

Driving on roads would be a much more dangerous activity and not uphold the protection of society

Question 18

What is an example of a criminal law that sets minimum standards of behaviour?

Answer 18

The Summary Offences Act 1966 describes acting disorderly in a public place as behaviour ‘that disturbs the peace or interferes with the comfort of others’